Durham v. Chief Bureau of Classification and Reception et al

Filing 40

ORDER adopting Report and Recommendation 35 . The second amended complaint is dismissed. This case is recommitted to the Magistrate Judge. Signed by Judge Herman J. Weber on 1/8/14. (mb)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
ROY A. DURHAM, JR.,
Plaintiff
v.

C-1-13-226

ROB JEFFREYS, et al.,
Defendants
ORDER
This

matter

is

before

the

Court

upon

the

Report

and

Recommendation of the United States Magistrate Judge (doc. no. 35) to
which neither party has objected.
Upon a de novo review of the record, the Court finds that the
Judge has accurately set forth the applicable law and has properly
applied it to the particular facts of this case.

Accordingly, in the

absence of any objection by plaintiff, this Court accepts the Report as
uncontroverted.
The Report and Recommendation of the United States Magistrate
Judge (doc. no. 35) is hereby ADOPTED AND INCORPORATED HEREIN
BY REFERENCE.

2
The Second Amended Complaint is DISMISSED for failure to state
a claim upon which relief may be granted to the extent that plaintiff has
named Rodney McIntosh, Parvez Sarwar, Romanak, Maggard and Bush
as defendants and seeks to bring claims challenging (1) the handling of
his “kites,” complaints and grievances while he was incarcerated at
WCI; (2) the conduct of a RIB proceeding that resulted in his
confinement in segregation for a 100-day period at WCI; (3) the denial of
recreational and telephone privileges while he was in segregation at
WCI; and (4) the failure of defendant Romanak to adequately protect
against the loss of plaintiffs “property.” Specifically, claims alleged
against McIntosh in paragraphs 38-48 of the Second Amended
Complaint, any other claims in the Second Amended Complaint
challenging the handling of plaintiff’s complaints and grievances by
other named defendants, and the claims alleged in paragraphs 45, 46
and 50 of the Second Amended Complaint are DISMISSED on the ground
that plaintiff has failed to state a claim upon which relief may be
granted by this Court. See 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b).

3
This case is RECOMMITTED to the United States Magistrate Judge
for further proceedings according to law.
IT IS SO ORDERED.
s/Herman J. Weber
Herman J. Weber, Senior Judge
United States District Court